II 

118TH CONGRESS 

2D SESSION S. 3868 

To impose a duty of $20,000 per motor vehicle produced in or by the 

People’s Republic of China. 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2024 

Mr. RUBIO introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To impose a duty of $20,000 per motor vehicle produced 

in or by the People’s Republic of China. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Tariffs 

5 on Chinese Autos Act of 2024’’. 

6 SEC. 2. DUTIES ON MOTOR VEHICLES PRODUCED IN OR BY 

7 THE PEOPLE’S REPUBLIC OF CHINA. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, there shall be imposed with respect to each 


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1 covered article imported into the United States a duty of 

2 $20,000, subject to adjustment under subsection (b). 

3 (b) ADJUSTMENT OF DUTY FOR INFLATION.— 

4 (1) IN GENERAL.—The Secretary of the Treas5 ury shall adjust the amount of the duty provided for 

6 under subsection (a) on October 1, 2025, and at the 

7 beginning of each fiscal year thereafter, to reflect 

8 the percentage (if any) of the increase in the average 

9 of the Consumer Price Index for the preceding 12- 

10 month period compared to the Consumer Price 

11 Index for fiscal year 2024. 

12 (2) SPECIAL RULES FOR CALCULATION OF AD13 JUSTMENT.—In adjusting under paragraph (1) the 

14 amount of the duty provided for under subsection 

15 (a), the Secretary— 

16 (A) shall round the amount of any increase 

17 in the Consumer Price Index to the nearest dol18 lar; and 

19 (B) may ignore any such increase of less 

20 than 1 percent. 

21 (c) DEFINITIONS.—In this section: 

22 (1) CONSUMER PRICE INDEX.—The term ‘‘Con23 sumer Price Index’’ means the Consumer Price 

24 Index for All Urban Consumers published by the 


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1 Bureau of Labor Statistics of the Department of 

2 Labor. 

3 (2) CONTROL.—The term ‘‘control’’ has the 

4 meaning given that term in section 800.208 of title 

5 31, Code of Federal Regulations (as in effect on the 

6 date of the enactment of this Act). 

7 (3) COVERED ARTICLE.—The term ‘‘covered ar8 ticle’’ means an article— 

9 (A) classified under chapter 8703 of the 

10 Harmonized Tariff Schedule of the United 

11 States; and 

12 (B) produced or manufactured, or that un13 derwent final assembly— 

14 (i) in the People’s Republic of China; 

15 or 

16 (ii) by a person of the People’s Re17 public of China. 

18 (4) ENTITY OWNED, CONTROLLED, DIRECTED, 

19 OR OPERATED BY A PERSON OF THE PEOPLE’S RE20 PUBLIC OF CHINA.—The term ‘‘entity owned, con21 trolled, directed, or operated by a person of the Peo22 ple’s Republic of China’’ includes any entity for 

23 which, on any date during the most recent 12-month 

24 period, not less than 25 percent of the equity inter25 ests in such entity are held directly or indirectly by 


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1 1 or more persons of the People’s Republic of China, 

2 including through— 

3 (A) interests in co-investment vehicles, 

4 joint ventures, or similar arrangements; or 

5 (B) a derivative financial instrument or 

6 contractual arrangement between the entity and 

7 a person of the People’s Republic of China, in8 cluding any such instrument or contract that 

9 seeks to replicate any financial return with re10 spect to such entity or interest in such entity. 

11 (5) PERSON OF THE PEOPLE’S REPUBLIC OF

12 CHINA.—The term ‘‘person of the People’s Republic 

13 of China’’ means— 

14 (A) the Government of the People’s Repub15 lic of China; 

16 (B) any agency, instrumentality, official, 

17 or agent of that Government; 

18 (C) any entity the headquarters of which 

19 are located in the People’s Republic of China; 

20 (D) any entity organized under the laws of 

21 the People’s Republic of China; 

22 (E) any entity substantively involved in the 

23 industrial policies or military-civil fusion strat24 egy of the People’s Republic of China, including 

25 by accepting funding from, performing a service 


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1 for, or receiving a subsidy from the People’s 

2 Republic of China related to such policies or 

3 strategy; or 

4 (F) any entity owned, controlled, directed, 

5 or operated by an entity described in any of 

6 subparagraphs (A) through (E). 

Æ 


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